Section 8 Ground 14A: Domestic Abuse and Possession

Section 8 Ground 14A is a discretionary ground under the Housing Act 1988 that lets certain social landlords seek possession where one partner has left a property because of violence or threats of violence, and is unlikely to return. It applies only to registered providers of social housing and charitable housing trusts, and it works differently from the general nuisance ground, Ground 14.

✓ Updated July 2026

Housing Act 1988, Ground 14A

Form 3A compliant

Social landlords only

If you are currently experiencing domestic abuse, free confidential support is available 24 hours a day from the National Domestic Abuse Helpline on 0808 2000 247, or at gov.uk/guidance/domestic-abuse-how-to-get-help ↗. In an emergency, call 999.

✓ Discretionary ground✓ Form 3A (old Form 3 invalid from May 2026)✓ No minimum notice period✓ Social landlords and housing trusts✓ Renters' Rights Act 2025 updated

Section 8 Notice Generator — Ground 14A

Ground 14A pre-selected · Form 3A format · For registered providers and housing trusts · England

Select possession ground

Choose the legal reason you are seeking possession.

MANDATORY

Court must grant possession if ground is proven

DISCRETIONARY

Court decides whether to grant possession

What Is Section 8 Ground 14A?

Ground 14A sits in Part 2 of Schedule 2 to the Housing Act 1988, among the discretionary grounds. It was added by the Housing Act 1996 to address a specific situation: a couple living together in a rented property, one partner leaving because of violence or threats of violence from the other, and the remaining occupant continuing to hold the tenancy alone.

The ground allows a small category of landlords, registered providers of social housing and charitable housing trusts, to seek possession in that situation, so that the tenancy is not left in the sole control of the partner responsible for the violence, and so the property can be properly reallocated. It is a narrow, fact-specific ground, and it is often confused with the broader anti-social behaviour ground, Ground 14.

🏛 Why this ground exists

Without Ground 14A, a social landlord could be left managing a tenancy in the name of a perpetrator of domestic abuse indefinitely, even after the person they abused has fled the property for safety. The ground gives landlords a route to recover the tenancy in that situation, while leaving the court to decide whether possession is reasonable on the facts of each case.

Ground 14A Housing Act 1988 — The Three Conditions

All three conditions below must be met before Ground 14A is available. Missing any one of them means the ground cannot be relied on, regardless of how serious the underlying situation is.

1

Occupation as a couple

The property was occupied by a married couple, civil partners, or two people living together as if they were spouses or civil partners. At least one of them holds the tenancy, or is one of the joint tenants.

2

Departure caused by violence or threats

One partner has left the property because of violence, or threats of violence, carried out by the other partner. The violence or threats must have been directed at the partner who left, or at a member of that partner's family who was living with them immediately before they left.

3

Unlikely to return

The court must be satisfied, on the evidence available at the hearing, that the partner who left is unlikely to return to live in the property.

Source: Housing Act 1988, Schedule 2, Part 2, Ground 14A, inserted by the Housing Act 1996. View Housing Act 1988 Schedule 2 — legislation.gov.uk ↗ · Housing Act 1996 — legislation.gov.uk ↗

Decision Tree: Does Ground 14A Apply?

Step 1 — Is the landlord a registered provider of social housing or a charitable housing trust?

No →

Ground 14A is not available. Consider Ground 14 or Ground 7A, or family law remedies.

Yes → Continue to Step 2

Step 2 — Did one partner leave because of violence or threats of violence from the other?

No →

Ground 14A is not available. Consider whether Ground 14 (general nuisance) fits the facts instead.

Yes → Continue to Step 3

Step 3 — Is the departed partner unlikely to return?

No, or unclear →

Ground 14A is not established. Gather further evidence or reconsider a tenancy transfer instead of possession.

Yes → Continue to Step 4

Step 4 — Is possession reasonable on the facts?

Because Ground 14A is discretionary, the court still has to decide whether granting possession is reasonable, taking into account matters such as any children connected with the property and the position of the partner who left. Only if the court answers yes to this final question will possession be granted.

Is Ground 14A Discretionary? Who Can Use It?

Ground 14A is discretionary. Proving the three conditions above is not, on its own, enough to secure possession. The court must go on to decide whether granting possession is reasonable, weighing factors such as the welfare of any children living in the property and the circumstances of the partner who left.

The ground is restricted to a specific category of landlord:

✓ Can use Ground 14A

  • • Registered providers of social housing (housing associations)
  • • Charitable housing trusts

✗ Cannot use Ground 14A

  • • Private landlords letting on assured or assured shorthold tenancies
  • • Local authorities with secure tenants (they use Ground 2A under the Housing Act 1985 instead)

A private landlord facing a similar situation between joint tenants should look at Ground 14 or Ground 7A where the facts fit, and should also take independent advice on family law options.

Ground 14 vs Ground 14A

These two grounds share a number, similar Part 2 discretionary status, and no minimum notice period, but they exist for different reasons and rest on different evidence.

FactorGround 14Ground 14A
What it coversNuisance, annoyance, or illegal or immoral use of the propertyA partner leaving the home due to violence or threats of violence, and being unlikely to return
Available toAny landlord, private or socialRegistered providers of social housing and charitable housing trusts only
Discretionary or mandatoryDiscretionaryDiscretionary
Minimum notice periodNone — no minimum period is set by the Housing Act 1988None — no minimum period is set by the Housing Act 1988
Who the claim targetsThe tenant responsible for the nuisance or unlawful useThe tenant, or joint tenancy, associated with the partner responsible for the violence or threats
Core evidenceWitness statements, incident logs, police or council records of the nuisanceNon-molestation or occupation orders, police records, refuge or support service letters, evidence the departed partner is unlikely to return
Underlying purposeProtect neighbours and the wider community from ongoing bad behaviourPrevent a perpetrator from retaining sole occupation of social housing, and allow the property to be properly reallocated
→ Ground 14 — Nuisance or annoyance→ Section 8 for antisocial behaviour→ Ground 7A — Serious antisocial behaviour

The Legal Definition of Domestic Abuse

Ground 14A itself uses the words violence and threats of violence, which is narrower than how domestic abuse is now defined elsewhere in law. The Domestic Abuse Act 2021 sets out a statutory definition covering behaviour between people who are personally connected, including:

  • •Physical or sexual abuse
  • •Violent or threatening behaviour
  • •Controlling or coercive behaviour
  • •Economic abuse, such as restricting access to money or resources
  • •Psychological or emotional abuse

Following the Renters' Rights Act 2025, social landlords and courts are expected to interpret Ground 14A against this wider definition, rather than reading it as covering physical violence alone. In practice, this means non-physical abuse, properly evidenced, can support a Ground 14A claim where it caused the partner to leave.

Source: Domestic Abuse Act 2021, Section 1 — legislation.gov.uk ↗

Evidence Required for a Ground 14A Claim

Because Ground 14A depends on facts that are often disputed or hard to verify directly, landlords should gather corroborating evidence before serving a notice, not after.

Court orders

  • •A non-molestation order under the Family Law Act 1996
  • •An occupation order confirming who is entitled to live in the property
  • •Any injunction restraining contact or approach

Police and criminal justice records

  • •A police incident log or crime reference number
  • •A caution, charge, or conviction connected to the violence or threats
  • •A record of any bail conditions restricting contact with the property

Support service evidence

  • •A letter from a refuge confirming the departed partner's admission
  • •A letter from a domestic abuse charity or support worker
  • •Local authority housing options or homelessness team records

Evidence the departure is likely to be permanent

  • •A new tenancy agreement or accommodation arrangement for the departed partner
  • •A statement from the departed partner, where safe to obtain, confirming their intentions
  • •Evidence of a new school placement for children, indicating a settled move

⚠ Sensitivity and safeguarding

Evidence gathering in these cases should go through a landlord's safeguarding or tenancy sustainment team, not be handled informally. Contacting the departed partner directly to request evidence can carry safety risks and should generally be avoided in favour of working through support services and official records.

Notice Requirements and Court Procedure

A Ground 14A notice must be served on Form 3A. The Housing Act 1988 does not set a minimum notice period for this ground, so proceedings can, in principle, begin as soon as the notice is served. In practice, landlords usually take specialist legal advice before serving, given how fact-sensitive and discretionary the ground is.

If the matter proceeds to court, the landlord files Form N5 to start a possession claim. Because the ground is discretionary, the court will not decide the case on paper alone in most instances. A hearing is listed, at which the landlord must satisfy the court of all three conditions set out earlier, and the court separately decides whether possession is reasonable.

StageTypical timing
Form 3A notice servedNo statutory minimum period, but landlords typically allow time to gather evidence first
Filing Form N5After the notice period the landlord has chosen has passed, if the situation is unresolved
Court listing a hearing6–10 weeks from the claim being issued, reflecting the discretionary and evidential nature of the ground
Hearing outcomeThe court decides whether the three conditions are met and whether possession is reasonable
Possession order, if grantedUsually with a defined date for the tenant to give up occupation

See GOV.UK — Evicting tenants ↗ for the general county court possession process, and how to fill in Form 3A correctly.

Tenant Rights and Legal Protections

Ground 14A operates alongside, not instead of, a range of protections available to people experiencing domestic abuse.

Family law protections

Non-molestation orders and occupation orders under the Family Law Act 1996 can restrict an abusive partner's contact with, or occupation of, the property, independently of any possession proceedings.

Tenancy transfer

A court can transfer a tenancy into the sole name of the partner who experienced abuse under Schedule 7 to the Family Law Act 1996, or Schedule 1 to the Children Act 1989 where children are involved, avoiding the need for possession proceedings.

Right to remain protected from the perpetrator

Ground 14A cannot be used against the partner who experienced the violence. Any possession claim is directed at the tenancy connected with the person responsible for it.

Safeguarding duties

Local authorities and social landlords have safeguarding responsibilities, including duties relating to children and vulnerable adults, that apply alongside any Ground 14A process.

See GOV.UK — Domestic abuse: how to get help ↗ for support services, refuge information, and safety planning guidance.

6 Mistakes Landlords Make With Ground 14A

These are the most common reasons Ground 14A claims fail, or should never have been brought in the first place.

1.

Confusing Ground 14A with Ground 14

Ground 14 covers general nuisance and is open to any landlord. Ground 14A is narrower and available only to social landlords, for a specific set of facts about violence and departure. Relying on the wrong ground, or the wrong evidence for that ground, will not succeed.

2.

A private landlord attempting to rely on Ground 14A

Ground 14A applies only to registered providers of social housing and charitable housing trusts. A private landlord facing a domestic abuse situation between joint tenants should consider Ground 14, Ground 7A, or advice on the couple's family law options instead.

3.

Proceeding without corroborating evidence

A landlord's own account of what it was told is rarely enough on its own. Courts expect independent evidence such as police records, a protective order, or a support service letter to corroborate the violence and the departure.

4.

Not checking whether the departed partner is still unlikely to return

Domestic abuse situations change quickly. If the departed partner has since returned, is in contact again, or there is a real prospect of reconciliation, the "unlikely to return" element is not met and the claim will fail.

5.

Not considering a tenancy transfer instead

Where the departed partner wants to return and take over the tenancy, a transfer under the Family Law Act 1996 or Children Act 1989 may resolve the situation without a possession claim, and is often the better outcome for the household.

6.

Ignoring the welfare of children in the property

Because Ground 14A is discretionary, the court weighs the reasonableness of possession, including the impact on any children living in or connected with the property. A claim that does not address this is more likely to be adjourned or refused.

For general possession notice pitfalls that also apply here, see Section 8 notice mistakes that void a claim and how to fix an invalid Section 8 notice.

Practical Case Examples

Example 1 — Ground established

A housing association holds a joint tenancy for a couple. One partner leaves for a refuge after an assault, supported by a police crime reference number and a refuge admission letter. Eight months later, the partner has secured a new tenancy elsewhere and confirms, through a support worker, that they will not return. The housing association serves a Ground 14A notice on Form 3A against the remaining partner, and the court is satisfied all three conditions are met and that possession is reasonable.

Example 2 — Ground not established

A social landlord is told by neighbours that a partner has "moved out after an argument." There is no police report, no protective order, and no independent confirmation of violence or of the partner's current living arrangements. The partner is still visiting the property most weekends. On these facts, the landlord cannot show either that violence or threats caused the departure, or that the partner is unlikely to return, and a Ground 14A claim would fail.

Example 3 — Alternative resolved without possession proceedings

A housing association identifies that the partner who left the property, rather than the partner who remains, wants to return home with the children once safe to do so. The landlord supports an application to transfer the tenancy into that partner's sole name under the Family Law Act 1996, avoiding a Ground 14A possession claim altogether.

About This Guide

🔄

Updated July 2026

This guide reflects Ground 14A as it stands following the Renters' Rights Act 2025, including the Form 3A requirement and the wider reading of domestic abuse drawn from the Domestic Abuse Act 2021.

🇬🇧

England, social housing sector

Ground 14A applies to assured tenancies with registered providers of social housing and charitable housing trusts in England. Wales and local authority secure tenancies are covered by separate legislation.

⚠️

Not legal advice

This guide gives general legal information for landlords, housing professionals, and tenants. Domestic abuse cases involve safeguarding and safety considerations that go beyond housing law alone, and specialist advice should be sought in every individual case.

Legal research methodology

This guide was produced by reading the primary legislation directly, the Housing Act 1988 as amended, the Housing Act 1996, the Domestic Abuse Act 2021, the Family Law Act 1996, and the Children Act 1989, alongside GOV.UK guidance on evicting tenants and on domestic abuse support. It was then reviewed by the OfficeDraft Editorial Team for legal accuracy and plain-English clarity before publication, and is scheduled for re-review whenever the underlying legislation changes.

References: Housing Act 1988, Schedule 2 — legislation.gov.uk · Housing Act 1996 — legislation.gov.uk · Domestic Abuse Act 2021, Section 1 — legislation.gov.uk · Renters' Rights Act 2025 — legislation.gov.uk · GOV.UK — Evicting tenants · GOV.UK — Domestic abuse: how to get help · Ministry of Housing, Communities and Local Government
OD

OfficeDraft Property Documentation Team

Reviewed by the OfficeDraft Editorial Team. Our team tracks UK housing legislation affecting social housing providers and updates this guide when the underlying law or guidance changes. Last reviewed July 2026.

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Frequently Asked Questions — Section 8 Ground 14A

What is Section 8 Ground 14A?▾
Ground 14A is a discretionary ground for possession under Schedule 2 to the Housing Act 1988. It applies where a couple occupied a property together, one partner left because of violence or threats of violence from the other, and the court is satisfied the partner who left is unlikely to return.
Is Ground 14A discretionary or mandatory?▾
Discretionary. Proving the facts of the ground is not enough on its own. The court also has to decide that granting possession is reasonable in the circumstances, considering factors such as the welfare of any children and the position of the partner who left.
Which landlords can use Ground 14A?▾
Only registered providers of social housing and charitable housing trusts, in relation to assured tenancies. Private landlords cannot use Ground 14A. Local authorities dealing with secure tenants use the equivalent ground, Ground 2A, under Schedule 2 to the Housing Act 1985, which works in a similar way.
What is the difference between Ground 14 and Ground 14A?▾
Ground 14 deals with nuisance, annoyance, or illegal or immoral use of a property and is open to any landlord. Ground 14A is specific to social landlords and applies only where a partner has left the home due to violence or threats of violence and is unlikely to return. They are aimed at different problems and use different evidence.
What evidence is needed for a Ground 14A claim?▾
Landlords typically rely on a combination of a non-molestation or occupation order, police incident records or a crime reference number, a letter from a refuge or domestic abuse support service, and evidence that the departed partner has settled elsewhere and is unlikely to return.
What notice period applies to a Ground 14A notice?▾
The Housing Act 1988 does not set a minimum notice period for Ground 14A. In principle, proceedings can begin as soon as the notice is served. In practice, social landlords usually take specialist legal advice before serving, given the sensitivity and discretionary nature of the ground.
Can Ground 14A be used against the person who experienced the abuse?▾
No. The ground is designed to let a landlord recover the property from the tenant, or joint tenancy, connected with the partner responsible for the violence or threats, after the other partner has already left. It is not a mechanism for removing the person who experienced the abuse.
How does Ground 14A relate to the Domestic Abuse Act 2021?▾
The wording of Ground 14A refers to violence and threats of violence. The Domestic Abuse Act 2021 introduced a wider statutory definition covering controlling behaviour, economic abuse, and psychological abuse, alongside physical violence. Following the Renters' Rights Act 2025, this wider definition is expected to inform how Ground 14A is interpreted, rather than being read narrowly as physical violence alone.
What happens if the departed partner later returns?▾
If the departed partner returns, or there is a genuine prospect they will, the ground is not established because the court cannot be satisfied they are unlikely to return. Landlords should reassess the position close to any hearing date rather than relying solely on evidence gathered when the notice was first served.
Is there an alternative to a Ground 14A possession claim?▾
Yes. Rather than evicting the remaining tenant, a social landlord can often support a tenancy transfer into the sole name of the partner who experienced the abuse, using the Family Law Act 1996 or, where children are involved, the Children Act 1989. This can resolve the situation without possession proceedings.

Related Section 8 Guides & Tools

→Section 8 Notice Generator — Main Tool→Section 8 Ground 14 — Nuisance or Annoyance→Section 8 Notice — Antisocial Behaviour→Section 8 Ground 7A — Serious Antisocial Behaviour→Section 8 Ground 12 — Breach of Tenancy→Section 8 Ground 1 — Landlord Moving Back In→Section 8 Ground 1A — Selling the Property→Section 8 Multiple Grounds Generator→Form 3A Generator — England→Form 3A — How to Fill It In Correctly→Section 8 vs Section 21 — Difference 2026→Renters' Rights Act — Complete Guide for Landlords→Tenant Won't Leave After Section 8 Notice→Section 8 Notice Mistakes That Void a Claim→How to Fix an Invalid Section 8 Notice

⚠ Legal disclaimer

OfficeDraft's Section 8 notice generator assists registered providers of social housing and charitable housing trusts in preparing possession notices in the correct Form 3A format, including notices citing Ground 14A. This guide gives general legal information only and is not independent legal advice. Domestic abuse cases involve safety and safeguarding considerations that require specialist input alongside standard housing law advice. Anyone dealing with a Ground 14A situation should involve a qualified solicitor and their organisation's safeguarding team before taking action. A directory of solicitors is available at solicitors.lawsociety.org.uk. Anyone currently at risk should contact the National Domestic Abuse Helpline on 0808 2000 247, or the police on 999 in an emergency.

Last updated: July 2026 · Editorial review date: July 2026 · Reviewed by: OfficeDraft Editorial Team · About OfficeDraft

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